An Act to permit a homeowner's association, development, or incorporated community to modify a restrictive covenant.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 11-5:

If a declaration or contract in writing, as provided in § 11-5-2, fails to provide a provision permitting a modification to the declaration or contract, a vote of two-thirds of the owners of real property governed by the declaration or contract is required to modify the declaration or contract.